Chubb v. Kelly

Rogers, J.,

The defendant has taken a rule to strike off judgments entered by virtue of the warrant of attorney contained in certain judgment notes. In his petition he alleges an oral agreement between the parties that the notes should not be filed by the plaintiff until default in payments on the respective due dates. Defendant avers that the plaintiff entered the judgments in violation of an oral agreement, and he now seeks to set up the violation of the alleged agreement as a defence to the plaintiff’s claim on the notes. No complaint is made as to the regularity and legality of the record,…